Description: This course explains the litigation process in the United States. It is designed to equip foreign-educated lawyers with the skills needed to manage lawsuits involving companies located abroad or subsidiary companies in the United States. The explanation includes (1) the jurisdiction of Unites States courts over lawsuits by or against these companies, (2) the procedures for filing or accepting a Complaint under the Hague Convention for the Service of Process Abroad and the Federal Rules of Civil Procedure; (3) discovery under the Federal Rules, especially emerging requirements for electronic data, and the Hague Convention on the Taking of Evidence Abroad; (4) Rule 30(b)(6) requirements for testimony by corporate witnesses; (5) discovery sanctions; (6) trial procedures, particularly the use of company documents, witness testimony, and government investigations and recall orders as evidence; and, finally, appeal procedures.
The fundamental practice skills involve selection of counsel; preparation of case budgets and management of legal fees; early evaluation of cases to decide if they should be tried or settled, and determining settlement values; negotiating settlements; mediating cases; collecting and producing documents and e-data; obtaining confidentiality agreements for proprietary information; preparing witnesses for deposition and trial, as well as at Congressional hearings (especially foreign company witnesses); and preparing for media requests, particularly during trial. These procedures and practice skills will come alive through the use of real-world examples. Students enrolled in this course are not eligible to enroll in International civil Litigation (548K) Open only to students enrolled in the LL.M. for Foreign-Educated Lawyers Program.